FERC In The Biden Era

The Federal Energy Regulatory Commission (FERC or the Commission) is poised to play an important role in the administration of President-elect Joe Biden, in light of the emphasis that the Biden administration will likely place on climate change issues.

Several developments raised the profile of FERC in 2020, with significant implications for the energy sector. First, the makeup of the Commission remained in flux - only just returning to a full complement of five commissioners on November 30. Second, incentives for renewable energy projects have been scrutinized by the Commission, causing stakeholders to pursue various strategies, including litigation. These are likely to be reexamined during the Biden administration. Third, FERC's enforcement activity dropped significantly, a trend that is unlikely to continue. And finally, the potential role of FERC in addressing climate change issues is likely to expand during the Biden era.